to invade our privacy and used in court against us? obvious question for the judge who p thats to be sitting here. he is the author of the book theodore and woodrow. how private are smart phones? >> i'm worried that i and people who think the way i do that the right to privacy is a fundamental right are losing this battle. it seems to be the vast use of these phones by the public and hence by law enforcement to learn what the public is saying doing and thinking is indicative of lack of privacy. here's my view, my view is when you and i communicate, it is a private communication, and if the government wants it, they have to get a search warrant. whether they get it from you or whether they get it from means through which we communicate, the company that owns the equipment that allows our cell phones to communicate with each other. the courts have not yet ruled on this. however, the police are persuading google or whoever it may to give them this information without a search warrant, whether they use it in prosecutions and whether that u